Legal practitioners and opposition figures on Friday hailed the Federal High Court ruling, which invalidated the timelines issued by the Independent National Electoral Commission (INEC) for the conduct of primaries and nomination of candidates.
In a judgement delivered on Wednesday, Justice Mohammed Umar, the presiding judge, held that INEC could not fix or prescribe the timetable within which political parties may conduct their primary elections for the purpose of nominating candidates for the 2027 general elections.”
The decision was sequel to a suit marked FHC/ABJ/ CS/ 517/ 2026, filed by the Youth Party (YP), challenging INEC’s time-frame for the conduct of the 2027 general elections.
Speaking with Saturday Sun, Senior Advocate of Nigeria (SAN), Olu Daramola, described the court ruling as a “welcome development,” insisting that the commission overstepped its constitutional boundaries.
He argued that Independent National Electoral Commission has no legal authority to alter provisions of the Electoral Act through subsidiary regulations, noting that such powers rest solely with the National Assembly. According to him, the revised timetable was inconsistent with the clear provisions of the law.
“It is a welcome development. INEC lacks the constitutional power to amend legislation passed by the National Assembly through regulations. The revised timetable is contrary to the clear provisions of the Electoral Act,” he said.
Daramola further noted that the judgment could have far-reaching political implications, including providing aggrieved aspirants who are dissatisfied with party primary outcomes the opportunity to switch platforms and contest tickets under different political parties ahead of the 2027 general elections.
Former Chairman of the Nigerian Bar Association (NBA), Ikeja Branch, Dave Ajetomobi, described the ruling as a positive development for Nigeria’s democracy and the rule of law.
According to him, the judgment signals that the courts are beginning to assert their constitutional responsibility in safeguarding democratic processes.
“It is a good signal that our courts are waking up to their responsibility to sustain this democracy. A guideline made pursuant to powers conferred by a statute must not confer powers beyond what the statute permits. That is what the court has declared in this case,” Ajetomobi said.
He noted that the ruling could have far-reaching implications for preparations ahead of the 2027 elections, particularly in ensuring that electoral guidelines strictly comply with statutory provisions.
Also, a Lagos-based lawyer, Michael Akinyemi, described the ruling as commendable, noting that INEC’s timetable was contrary to the provisions of the Electoral Act.
According to him, the timelines released by the commission were not favourable to political parties and could not stand without an amendment to the law.
“What INEC did was not in line with the Electoral Act. The actual stipulations of the law are contrary to the timetable released by the commission. Before INEC can introduce such timelines, the Electoral Act must first be amended,” he said.
Akinyemi added that the implication of the judgment for the 2027 elections is that INEC would now be compelled to review its timetable to ensure compliance with the Electoral Act, 2026.
Meanwhile, the Coalition of United Political Parties (CUPP) and other major political parties have welcomed the landmark judgment, insisting that it will reshape the electoral process for the 2027 general elections.
In a unanimous position, the parties urged the electoral commission to immediately comply with the court ruling by adjusting its revised timetable to align with the judgment, stressing that the court’s pronouncements have expanded the democratic space by granting political parties greater flexibility in their internal affairs.
The statement by Peter Ameh, Acting National Chairman of CUPP noted: “We commend the Federal High Court for this progressive and constitution-aligned judgment.”
“INEC must immediately obey this ruling and adjust its timetable accordingly. Any decision to appeal this judgment will only create unnecessary uncertainty, erode public confidence, and undermine the credibility of the 2027 general elections,” Ameh noted.
He further disclosed that 14 political parties have resolved to announce extended party election timetables to accommodate new decampees and ensure a more inclusive nomination process in line with the court’s decision.
Former National Chairman of African Democratic Congress (ADC), Chief Okey Nwosu, has said the Independent National Electoral Commission (INEC) must respect the decision of the citizens to associate with any political party of their choice.
Nwosu stated this while reacting to the judgment of the Federal High Court Abuja, which nullified the INEC guideline for the 2027 election, which mandated political parties to submit their digital register not later than May 10.
The ADC leader stated in an interview with Saturday Sun that the implication of the court verdict is that the freedom of citizens to freely associate cannot be restricted in a democracy.
Nwosu, who accused the INEC chairman, Professor Joash Amupitan, of allegedly plotting to use the Election Guideline to cripple the ADC and other opposition political parties, said he would not be surprised if the judgment is appealed.
According to him, “individual freedom must not be restricted. Individual freedom to do anything in a democracy must not be respected. INEC should be law-abiding and stop being dictatorial.”
He admonished INEC to concentrate its energy on voter education and promoting democratic ethos rather than engaging things that would weaken the country’s democracy.
Similarly, the National Publicity Secretary of the Tanimu Turaki led Interim National Working Committee of the Peoples Democratic Party ( PDP), Ini Ememobong, said the judgment will afford political parties more time to organise their internal activities.
Said Ememobong: “It allows political parties more time to organise their internal activities. It allows them more time for membership registration. You know that the digital membership registration was a new introduction, which needed infrastructure, both hard and soft. So, this offers political parties more time elasticity within which to undertake these critical activities. “
He added that the party would meet to analyze the judgment and how it affects the PDP and decide on way forward.
The Nigeria Democratic Congress (NDC) Caucus in the House of Representatives also charged the Independent National Electoral Commission (INEC) to comply with the judgment of the Federal High Court, Abuja, which nullified its guideline for the 2027 general election.
The caucus, in a statement by its leader, Afam Ogene, yesterday, lauded the court verdict, describing it as a victory for inclusive democracy and the imperatives of freedom of association.
It commended the judiciary for its recent firm stances in restraining INEC from decisions that appear to reinforce undue influence over the nation’s democracy, stating that the commission as an impartial arbiter should consistently take actions that uphold democracy and the rule of law.
“We therefore agree with the declarations of the court that having regards to Section 32 of the Electoral Act, 2026, the INEC does not possess the statutory power to publish the final list of candidates for the 2027 general election before the 60 days minimum period prescribed by Law.
“The declaration that upon a proper interpretation of Section 98 of the Electoral Act, 2026, the INEC does not possess the statutory authority to fix in its timetable for the 2027 general elections provision for campaigns to end two days before the elections.
“The Declaration that upon a proper interpretation of Section 33 of the Electoral Act, 2026, the time frame prescribed by the defendant for submission of membership registers for the conduct of primary elections is NOT applicable to primary elections conducted for the purpose of replacing withdrawn candidates” the caucus stated.
Responding to the judgment, the national leadership of the All Progressives Congress (APC), said that it would not affect the ruling party in any way.
In a very tight text message in response to the inquiry from our correspondent, APC National Secretary, Ajibola Basiru, insisted that it would not amount to anything to the ruling party.
While dismissing the insinuations that aggrieved party members might defect elsewhere over the outcome of the party primary, the party’s chief scribe maintained that it is against the Electoral Act for an aspirant to contest primary under two political parties.
“How will it affect APC? Are we INEC?” Ajibola quipped, asking: “Do I need to educate you that it is against the Electoral Act for an aspirant to contest primary election in two political parties.
“So, asking me the possibility of aggrieved aspirants in my party defecting to another party to re-contest primary is irrelevant,” Ajibola said.
Meanwhile the Independent National Electoral Commission (INEC) has disclosed that it has concluded arrangements to appeal the judgement of the Federal High in Abuja annulling its timetable and schedule of activities.
An Abuja division of the Federal High Court earlier in the week set aside the revised timetable and schedule of activities for 2027 general election issued by the commissions for being inconsistent with the provisions of the Electoral Act, 2026.
Reacting to the ruling, Dayo Eriye Oketola, Chief Press Secretary (CPS) to the commission’s chairman, Prof Joash Amupitan, told Saturday Sun that though the electoral umpire is reappraising the judgment, it would definitely appeal it.
In his response, he said: “The commission is currently reviewing the court order and it will take a position on it. Of course, it is expected to appeal the order.”
Credit: The Sun